NEW DELHI: Asserting that transfer will inevitably reflect on the credibility of the Judiciary of Kerala, Kerala government on Saturday approached SC against Enforcement Directorate’s plea seeking transfer trial of sensational gold smuggling case to Bangalore. Government’s move comes at a time when the ED’s petition is slated to be heard by the bench of CJI UU Lalit and Justice SR Bhat on October 10, 2022.
To seek transfer, ED in the petition had contended that there has been concentrated efforts by the state machinery to thwart and derail investigation under PMLA.
Another ground on which transfer was sought by the central agency was that the state machinery was interfering in the probe at every stage. “If the trial is continued in the state, the highly influential accused persons will create hurdles and also the co accused would be pressurised and threatened to make false allegations and to make false evidence thereby derail the ongoing investigation and trial,” ED’s application had stated.
Objecting to the transfer, the state contended that ED has not substantiated with evidence that the investigation carried on by them for more than one and half years has been hindered. There has not been a single incident in which investigating officers of ED were prevented from discharging their duties.
The application further said, “They have been freely summoning witnesses and examining them.
These include public servants holding important positions. They have all cooperated by appearing before the Investigating Officer. There has not been a single incident of demonstration or public meeting when witnesses appeared before the ED. None other than the Hon’ble CM of the state has assured cooperation of the State in conduct of the investigation.”
Kerala government has also said, “It is trite and settled that mere apprehension of the accused or any of them being influential cannot be a ground to transfer. The petitioner has not made out a case of undermining public confidence in the fairness of the trial.”
The sensational case is in relation to smuggling of gold through diplomatic channels. One among the accused is M Sivasankar, a senior IAS officer of Kerala cadre, who was the erstwhile Principal Secretary to the Chief Minister Pinarayi Vijayan. The other accused persons are PS Sarith, Swapna Suresh and Sandeep Nair.
SENSATIONAL SMUGGLING CASE WHICH ROCKED GOVT
The sensational case is in relation to smuggling of gold through diplomatic channels. One among the accused is M Sivasankar, an IAS officer of Kerala cadre who was the Principal Secretary to the Chief Minister of Kerala